NY State Senate Bill 2021-S2202

Senate Bill S2202

2021-2022 Legislative Session

Relates to permitting a qualified inmate eligible for early release to receive a conditional release

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 20, 2021	referred to crime victims, crime and correction

2021-S2202 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4565
2023-2024: S4919
2025-2026: S5792

2021-S2202 (ACTIVE) - Summary

Relates to permitting an inmate who has had a final order of deportation issued against him or her, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.

2021-S2202 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2202

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to permitting a qualified
inmate eligible for early release to receive a conditional release

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-i (2)(d)(1) to permit an inmate who
has a deportation order to be deported at his or her earliest release
date.

 
JUSTIFICATION:

A limited credit time allowance (LCTA) takes six months off certain
prisoners' minimum sentences if they complete qualifying programs and
maintain a good disciplinary record. In the past, the parole board
released most prisoners from foreign countries who earned such credit to
deportation at their LCTA release dates. A few years ago, the board

decided such foreign inmates were not eligible for LCTA release because
Executive Law states that such inmates must have served their "minimum
period of imprisonment imposed by the court" before being eligible for
conditional release to deportation. LCTA is granted by DOCCS under
Correction Law § 803-B and approved by the parole board, but is not
imposed by the court, so the board decided they did not have the author-
ity to release such people to deportation. This bill corrects that over-
sight and grants the board the authority to release foreign incarcerated
individuals at the same time incarcerated Americans are eligible for
release.

 
LEGISLATIVE HISTORY OF BILL:

S.4565 of 2019-2020; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

It will save the state money by allowing foreign incarcerated individ-
uals to be released from their terms of incarceration six months sooner.

 
EFFECTIVE DATE:
Immediately.

2021-S2202 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2202
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction
 
 AN ACT to amend the executive law, in relation to permitting a qualified
   inmate eligible for early release to receive a conditional release

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
 section 259-i of the executive law, as  amended  by  section  38-f-1  of
 subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   (i) Notwithstanding the provisions of paragraphs (a), (b) and  (c)  of
 this  subdivision, after the inmate has served his OR HER minimum period
 of imprisonment imposed by the court OR IS ELIGIBLE  FOR  EARLY  RELEASE
 FROM IMPRISONMENT, or at any time after the inmate's period of imprison-
 ment  has commenced for an inmate serving a determinate or indeterminate
 term of imprisonment, provided that the inmate has had a final order  of
 deportation  issued  against  him  OR  HER and provided further that the
 inmate is not convicted of either an A-I felony offense  other  than  an
 A-I felony offense as defined in article two hundred twenty of the penal
 law or a violent felony offense as defined in section 70.02 of the penal
 law, if the inmate is subject to deportation by the United States Bureau
 of  Immigration and Customs Enforcement, in addition to the criteria set
 forth in paragraph (c) of this subdivision, the board may consider, as a
 factor warranting earlier release, the fact that  such  inmate  will  be
 deported, and may grant parole from an indeterminate sentence or release
 for  deportation  from a determinate sentence to such inmate conditioned
 specifically on his OR HER prompt deportation. The board may  make  such
 conditional  grant  of  early  parole  from an indeterminate sentence or
 release for deportation from a determinate sentence only  where  it  has
 received  from  the  United  States  Bureau  of  Immigration and Customs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04454-01-1

 S. 2202                             2
 
 Enforcement assurance (A) that an order of deportation will be  executed
 or that proceedings will promptly be commenced for the purpose of depor-
 tation  upon release of the inmate from the custody of the department of
 correctional  services,  and  (B)  that the inmate, if granted parole or
 release for deportation pursuant to this paragraph, will not be released
 from the custody of the United States Bureau of Immigration and  Customs
 Enforcement,  unless  such release be as a result of deportation without
 providing the board a reasonable opportunity to arrange for execution of
 its warrant for the retaking of such person.
   § 2. This act shall take effect immediately.

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